Revolutionary War Pension and Bounty Land Warrant Application File S. 4,280, Ebenezer Elmer, New Jersey

SERVICE
NUMBER
New Jersey
Elmer Ebenezer
S. 4,280
{ B.L.W. 663 - Hoo - Surgn. Dated Apr. 21, 1790 - No papers. carded
CONTENTS

Reported to Agent, See letter Letter to Ben. A. G. C. S. Jersey 12. Dec r 1843 1843
District of Columbia 32.09
Ebenezer Elmer, deceased
of Cumberland Co. in the State of New Jersey who was a Surgeon in the comm. by Captain _____ of the comm. by _____ in the N. Jersey line for 2 years
Inscribed on the Roll of the Dist. of Columbia at the rate of 600 Dollars _____ Cents per annum to commence on the 4th day of March, 1831. & end on 18 th October 1843, when he died.
Certificate of Pension issued the 6 th day of Dec r . 1843 and sent to Lucius L. C. Elmer, House of Representatives.
Arrears to the 4th of Semi-annual allowance ending
{ Revolutionary Claim, { Act June 7, 1832.
Recorded by D. Brown Clerk Book C. 2. Vol. 6 7 Page 110
Having received $480 per annum under the act of May 15. 1828, the balance due, viz. $120 per annum from March 4. 1831 to 18 th Oct r . 1843, is payable to Lucius L. C. Elmer & Sarah S. Bell, children of said dec d .

For the purpose of obtaining the benefits of an Act entitled "An Act for the relief of certain surviving Officers & Soldiers of the Army of the Revolution" approved 15 th of May 1828. I Ebenezer Elmer of Bridgetown in the County of Cumberland in the State of New Jersey do hereby declare that I was an Officer of the Continental Line of the Army of the Revolution, and served as such to the end of the war, at which period I was a Surgeon in the Second Regiment of the New Jersey line.
And I do also declare that I afterwards received Certificates (commonly called Commutation Certificates) for a sum equal to the amount of five years full pay, which sum was offered by the resolve of Congress of the 22 nd of March 1783 instead of the half pay for life, to which I was entitled by the Resolve of the 21 st of October 1780.
Witness my hand this 9 th day of June in the year eighteen hundred twenty eight 1828.
Eben. Elmer
Before me David Supton a Justice of the Peace in the County of Cumberland in the State of New Jersey personally appeared this day Jeremiah Buck -- and Josiah Titian of the said County, who did severally make Oath that Ebenezer Elmer by whom the foregoing declaration was subscribed

Subscribed, is generally reputed, & believed to have been an Officer in the Army of Revolution in manner as therein stated. Witness my hand this 9 th day of June in the year 1828. David Lupton Justice of the Peace
I Spencer Seeley Clerk of the Court of the County of Cumberland in the State of New Jersey do hereby certify that David Lupton before whom the foregoing affidavits were sworn, was at the time a Justice of the Peace, & fully empowered to administer oaths In testimony whereof, I have hereunto set my hand, & affixed the seal of said Court this ninth day of June in the year 1828. Spencer Seeley Clerk

I Hugh R Mercille, Surrogate of the county of Cumberland do hereby certify that Dr Ebenezer Elmer formerly an officer in the Army of the revolution died in the said county on the eighteenth day of October last and that his last will and testament hath been duly proved according to law in my office and administration thereof committed to Lucius D Elmer Executor therein named and I do further certify that the said Lucius D Elmer and Sarah L Skill wife of Revd Dr William Skill (of Philadelphia) are the only children and heirs of said Ebenezer Elmer and that he left no widow.
In testimony whereof I have hereto set my hand and my seal of office this twenty eighth day of November One thousand eight hundred forty three.
H. R. Mercille. Surrogate.

Rev War ✓
4280
INVALID.
com ✓
File No. 4280
Ebenezer Elmer Surgeon N.J. Line
Act: June 7/32
Index:—Vol. A , Page 112
[Arrangement of 1870.]
✓

Ebenezer Elmer Surgeon N. Jersey line from 1780 to 1783 $600 per ann Act 7 June 1832
Now Issue a certificate payable up to 18 th Oct. 1843 to Lucius Q. C. Elmer and Sarah S. Neill, only surviving children of said Elmer, re- port it to D. Columbia agt, where it is to be paid.
Send Cert: to Hon. L. Q. C. Elmer, H. Reps
He was a Pensioner under act May 15. 1828 at $480 per annum, which is to be deducted.

Dec 6 '43
Ebenezer Elmer, Esq. N. J. D. L. for M c Quaid
Edwards Esq
Pension office
Washington.
Hon L. Q. C. Elmer,

Washu. Aug 14/45-
Wm. L. G. Dunn
claims an ind. allowance of pension for his father's services in Royne
L. G. Dec Aug 15/45
Pension Office

Washington January 14 th 1845
Sir:
My father the late Gen Ebenezer Elmer was a surgeon in the Revolutionary army and served to the end of the war. He received a pension under the act of 1828 at the rate of $40 per month the pay of a captain of Infantry. His pay as a surgeon exceeded the pay of a captain of Artillery and by the true construction of the act it seemed that he ought to be allowed the pay of such a captain. The attorney General however decided that the pay to be allowed a surgeon must be only the pay of a captain of Artillery Infantry.
Subsequently however the allowance of a captain of Artillery pay was made to Major Popham and M c Dupon can, & in which cases the principle that had been applied to the surgeons, was departed from; so that M c Secretary Porter on the 14 th of November 1843, decided that the increase of pensions asked for in the case of surgeons should be allowed and they were paid at the rate of captains of Artillery.
It appears however that the decision of M c Porter was actually made in the case of a person applying under the act of 1832 and not under the act of 1828; and those entitled under the act of 1828 have only received this additional allowance under the act of 1832. Upon examining the two acts I can perceive no difference whatever, so far as this question is concerned, between the two acts. I desire therefore

respectfully to submit to your decision as a strict question of law whether Surgeons or their heirs, ought not to be allowed the 50 th a month under the act of 1828 and from the time by that act specified. This is of some importance to a sister who is the representative with me of my deceased father.
CW Ray of this place who was my father's agent has shown me his argument in the matter dated July 30 th 1844, which seems to me decisive of the question.
With due respect Your ob t servant
Lucius L. Elmer
Hon William Wilkins Secy of War -

House of Representatives
Dec 5. 1843
Sir.
I am informed that the Secretary of War has decided that Surgeons of the Revolutionary army are entitled to pensions at the rate of $600 per annum. My father Dr. Ebenezer Elmer who died on the 18th of October last would have been entitled under this decision to arrearages of the amount of $120 per annum, and his heirs I presume are now entitled to these arrearages up to the time of his decease.
As I shall be at Washington during the ensuing six months it will be much more convenient to me to be paid here than in Trenton, which is remote from my place of residence.
I send herewith an official certificate from the Surrogate of the county of Cumberland, where my late father resided, who has the probate of will & setting forth the time of his death and who are his heirs.
Please inform me whether the arrearage of Dr. Elmer's pension can be paid here? Whether the certificate of the Surrogate is sufficient proof of his decease and of the heirship; and if not what additional proof will be required? And what acknowledgements or proof of the

recitation of a power of attorney, from my sister and her husband, who reside in Philadelphia, will be deemed self sufficient. I can readily obtain a power from them acknowledged before an Alderman or other officer of that city.
Very respectfully
Your obedient
Lucius D. F. Elmer
J. L. Edward, Esq. Pension office Washington.

No of orig Patent 35.
C.O.
REVOLUTIONARY CLAIMS.
TREASURY DEPARTMENT,
14 th June 1828.
Ebenezer Elmer of Bridgetown in the County of Cumberland in the State of New Jersey has applied to the Secretary of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the army of the Revolution," approved on the 15th of May, 1828. He states that he was as an officer on the Continental line, and served as such to the end of the war,
at which period he was a Surgeon in the Second regiment of the New Jersey line; and that he received commutation certificates for the five years full pay granted by the resolve of 22 March, 1783; and, further, that he has received as a pensioner since the 3d of March, 1826, Nothing. dollars, paid to him by the agent in the State of
The Third Auditor is requested to report how far these several statements are corroborated by the records in his office.
By order of the Secretary, A. D. Smith.
TREASURY DEPARTMENT,
THIRD AUDITOR'S OFFICE,
June 16. 1828
It appears by the records in this office, that final settlement certificates have been issued for the commutation of five years full pay to Ebenezer Elmer Surgeon in the New Jersey line, amounting to Two thousand four hundred dollars.
It further appears that Ebenezer Elmer not is now on the pension list of the any agency, and has been since the 3 rd March 1826 per month
John H. Payne Secy

Honab. R. Rush
Archd. 1826
Settled at
Treasury
Cashed with
Invalid file
$
4280

Bridgetown June 9 th 1828
In examining my file of old Commissions I find two dated in 1776 one for an Ensign & the other as a Lieutenant in the 3 d New Jersey Continental Troops. In May 1777 I left the line & entered as Surgeon's Mate of the 1 st Second Regiment, & in July of 1778 I was appointed by the Surgeon General of the Army Surgeon of that Regiment who gave me a Warrant for that Station, & I was mustered as such to the close of the war; but received no other Commission. The warrant I cannot find; probably it is worn out, or otherwise has been mislaid. Col. Ayden can testify to my standing in the Jersey line.
Eben Elmer